This case has been cited 1 times or more.
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2001-03-26 |
YNARES-SANTIAGO, J. |
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| The trial court held that the crimes committed by accused-appellant against brothers Fernando Jabol and Joel Jabol were, respectively, murder and frustrated murder, the same being qualified by treachery. We agree. The victims were sitting around a table inside the house of Domingo Lipas when, suddenly and without warning, accused-appellant barged into the house and instantly fired his gun at them. As a result, the Jabol brothers suffered mortal wounds. The suddenness of the attack afforded the victims no opportunity to put up a defense. Joel survived, but Fernando was not as fortunate. As consistently held by this Court, an unexpected and sudden attack which renders the victim unable and unprepared to defend himself by reason of the suddenness and severity of the attack constitutes alevosia or treachery. Its essence lies in the adoption of ways that minimize or neutralize any resistance which may be put up by the unsuspecting victim.[26] | |||||